People v. Johnston

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered September 23, 2002. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25 [2]). Contrary to the contention of defendant, County Court did not abuse its discretion in enhancing his sentence from a term of imprisonment of 7 years to a…